Somariya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 3937 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Somariya Devi Wife of Late Sri Niwas Rajbhar Resident of Village - Kapaliya, P.S. - Buxar (Muffasil), District - Buxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-02-2020 Heard learned counsel for the parties.

The petitioner apprehends her arrest in Buxar (Muffasil) P.S. Case No. 361 of 2019 registered for the offence under Sections 304(B)/34 of the Indian Penal Code. In the F.I.R., the informant has alleged that his sister was married in the year 2014 with petitioner's son and due to non-fulfillment of demand of dowry, she was given mental & physical torture and later on, it is alleged that elder brother of his sister's husband informed that after taking meal, his sister went to sleep and died.

It is submitted on behalf of petitioner that petitioner is aged about 63 years and mother-in-law of deceased. It is further submitted that there is general and omnibus allegation. Moreover, the husband of the deceased is already in custody.

Patna High Court CR. MISC. No.3937 of 2020(2) dt.29-02-2020 2/2 In view of aforesaid facts and circumstances, in the event of her arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Buxar (Muffasil) P.S. Case No. 361 of 2019 on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T